KAMPALA — The Supreme Court has declined a request by the lawyers of the National Unity Platform-NUP Presidential candidate, Robert Kyagulanyi to file his presidential election petition today Saturday.
Kyagulanyi’s lawyers of Wameli and Company Advocates had written to the Supreme Court Registrar to allow them to file their petition today to meet the fifteen-day deadline, which falls on Sunday.
“….We act on behalf of Mr. Kyagulanyi Robert Ssentamu on whose instructions we address you as follows; Our client has instructed us to file the above presidential election petition on his behalf. Although the deadline for filing is Monday 1st, February 2021, we wish to file the petition Saturday the 30th day of January 2021 by 2 pm to avoid any eventuality,” reads the letter in part.
Adding that, “This is to request you to make provisions for us to be able to file the said petition tomorrow (Saturday) and be attended to”. The Judiciary Spokesperson, Jameson Karemani confirmed to URN that Kyagulanyi’s team had indeed written to the court requesting to file the petition today.
“It’s true his lawyers wrote to court giving notice that they intended to file tomorrow(Saturday) but were advised them to file on Monday. URN has confirmed this from notes on the notice written by the Chief Justice Alfonse Owiny-Dollo wrote.
“The last day of filing the petition falls on 31st January 2021, which is a Sunday. Hence the last day for doing so is Monday 1st Feb, 21,” the Chief Justice said. Article 104 of the Constitution as amended in 2017 allows a presidential candidate up to 15 days after the declaration of results to file a petition in the Supreme Court.
This year’s presidential results were declared on January 16th 2021. The Electoral Commission Chairperson, Justice Simon Byabakama declared incumbent President, Yoweri Kaguta Tibuhaburwa Museveni the winner of the presidential elections with 5,851,037 votes representing 58.64 percent against Kyagulanyi’s 3,475,298 votes representing 34.85 percent.
On January 28th, 2021, Justice Byabakama released the final tally of the results showing that Museveni garnered an extra 191, 861 votes pushing his final tally to 6,042,898 votes representing 58.38% while Kyagulanyi got an extra 156, 139 votes pushing his final tally to 3,631,437 votes representing 35.0%.
However, Kyagulanyi, who was besieged by security for 11 days from the Election Day, has since rejected the poll results. He told journalists a few days that he has overwhelming evidence to overturn Museveni’s election but would leave the matter to the public court.
Kyagulanyi argued that he didn’t have hope of his petition succeeding in court like the previous one filed by former presidential candidates, Amama Mbabazi and Dr. Kiiza Besigye because the judges are appointed by his rival.
URN has since learnt that Kyagulanyi’s legal team intends to adduce evidence to prove that the election was marred by irregularities since his nomination, fraud and arrest of his agents and the direct involvement of the military in the elections among others.